Freedom of Association and Collective Bargaining

 

Restrictions on freedom of association and collective bargaining are systemic risks across transport supply chains and undermine the realisation of all other labour rights. These risks are often driven by subcontracting, fragmented employment relationships and the widespread use of non-standard forms of employment, which can prevent workers from organising or accessing trade union representation. Transport workers may be misclassified as self-employed, employed through agencies or engaged via complex cross-border arrangements, limiting their legal ability or practical capacity to unionise and bargain collectively. 

Transport workers can also face direct and indirect anti-union practices, including intimidation, retaliation, blacklisting, or dismissal for organising or raising concerns. Migrant workers and those in precarious employment are particularly vulnerable, as their immigration status, job security or economic dependency may be used to deter union activity. In highly mobile and isolated work environments—such as maritime and long-haul road transport—workers may have limited access to unions, grievance mechanisms or information about their rights. 

The absence of effective worker representation reduces transparency and weakens risk identification, allowing other abuses—such as wage theft, excessive working hours or unsafe conditions—to persist undetected. Under ILO Conventions 87 and 98, and reflected in the OECD Guidelines and UN Guiding Principles, freedom of association and collective bargaining are fundamental rights and “enabling rights”, meaning their denial significantly increases the likelihood of broader human rights violations across supply chains.  

 

What companies and supply chain actors can do

Companies and supply chain actors must respect and actively support freedom of association and collective bargaining as a core component of HRDD. This includes adopting clear commitments to neutrality, non-interference and non-retaliation in relation to trade union activity, and ensuring these commitments are embedded across operations and third-party relationships. Companies must help ensure that all workers—regardless of employment status—can organise, join trade unions and engage in collective bargaining.  

Effective implementation requires meaningful engagement with the ITF and affiliated trade unions. Trade unions are essential partners in identifying risks, negotiating standards and monitoring compliance. Collective bargaining agreements, including ITF Agreements in maritime, companies can help provide reliable, structured and global supply chain oversight through worker representation and established industrial relations mechanisms. 

Companies should also address structural barriers by reviewing commercial and contracting practices that undermine collective bargaining, such as excessive subcontracting, misclassification and pricing models that erode labour standards. HRDD processes should include worker-centred monitoring, labour impact assessments and direct engagement with unions to identify gaps in representation and access. Engagement with the ITF and its affiliated trade unions is a key means of mitigating risks and ensuring effective due diligence.  

Finally, companies must establish accessible grievance and remedy mechanisms, developed in cooperation with trade unions, to ensure workers can safely raise concerns and seek redress.